Transcription

1 Recommendation Rec(2003)23 of the Committee of Ministers to member states on the management by prison administrations of life sentence and other long-term prisoners (Adopted by the Committee of Ministers on 9 October 2003 at the 855th meeting of the Ministers' Deputies) The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Considering that it is in the Council of Europe member states' interest to establish common principles regarding the enforcement of custodial sentences in order to strengthen international co-operation in this field; Considering that the enforcement of custodial sentences requires striking a balance between the objectives of ensuring security, good order and discipline in penal institutions, on the one hand, and providing prisoners with decent living conditions, active regimes and constructive preparations for release, on the other; Considering that prisoners should be managed in ways that are adapted to individual circumstances and consistent with principles of justice, equity and fairness; Referring to the resolution on the implementation of long-term sentences adopted in October 2001 by the European Ministers of Justice during their 24th Conference held in Moscow; Considering that the abolition of the death penalty in member states has resulted in an increase in the use of life sentences; Concerned about the increase, in many countries, in the number and length of long-term sentences, which contribute to prison overcrowding and may impair the effective and humane management of prisoners; Bearing in mind that implementation of the principles contained in Recommendation No. R (99) 22 concerning prison overcrowding and prison population inflation, as well as the provision to prison administrations of adequate resources and staff, would reduce to an important extent the management problems related to long-term imprisonment and allow for safer and better conditions of detention; Considering that legislation and practice concerning the management of life sentence and other long-term prisoners should comply with the requirements embodied in the European Convention on Human Rights and the case-law of the organs entrusted with its application; Bearing in mind the relevance of the principles contained in previous recommendations and in particular:

2 Recommendation No. R (82) 16 on prison leave; Recommendation No. R (82) 17 concerning custody and treatment of dangerous prisoners; Recommendation No. R (84) 12 concerning foreign prisoners; Recommendation No. R (87) 3 on the European Prison Rules; Recommendation No. R (87) 20 on social reactions to juvenile delinquency; Recommendation No. R (89) 12 on education in prison; Recommendation No. R (92) 16 on the European rules on community sanctions and measures; Recommendation No. R (97) 12 on staff concerned with the implementation of sanctions and measures; Recommendation No. R (98) 7 concerning the ethical and organisational aspects of health care in prison; Recommendation No. R (99) 22 concerning prison overcrowding and prison population inflation; Recommendation Rec(2000)22 on improving the implementation of the European Rules on community sanctions and measures; Recommendation Rec(2003)22 on conditional release, Recommends that governments of member states: be guided in their legislation, policies and practice on the management of life sentence and other long-term prisoners by the principles contained in the appendix to this recommendation; ensure that this recommendation and the accompanying report are disseminated as widely as possible. Appendix to Recommendation Rec(2003)23 Definition of life sentence and long-term prisoners 1. For the purposes of this recommendation, a life sentence prisoner is one serving a sentence of life imprisonment. A long-term prisoner is one serving a prison sentence or sentences totalling five years or more. General objectives 2. The aims of the management of life sentence and other long-term prisoners should be: to ensure that prisons are safe and secure places for these prisoners and for all those who work with or visit them; to counteract the damaging effects of life and long-term imprisonment; to increase and improve the possibilities for these prisoners to be successfully resettled in society and to lead a law-abiding life following their release.

3 General principles for the management of life sentence and other longterm prisoners 3. Consideration should be given to the diversity of personal characteristics to be found among life sentence and long-term prisoners and account taken of them to make individual plans for the implementation of the sentence (individualisation principle). 4. Prison life should be arranged so as to approximate as closely as possible to the realities of life in the community (normalisation principle). 5. Prisoners should be given opportunities to exercise personal responsibility in daily prison life (responsibility principle). 6. A clear distinction should be made between any risks posed by life sentence and other long-term prisoners to the external community, to themselves, to other prisoners and to those working in or visiting the prison (security and safety principle). 7. Consideration should be given to not segregating life sentence and other long-term prisoners on the sole ground of their sentence (non-segregation principle). 8. Individual planning for the management of the prisoner's life or long-term sentence should aim at securing progressive movement through the prison system (progression principle). Sentence planning 9. In order to achieve the general objectives and comply with the principles mentioned above, comprehensive sentence plans should be developed for each individual prisoner. These plans should be prepared and developed as far as possible with the active participation of the prisoner and, particularly towards the end of a detention period, in close co-operation with post-release supervision and other relevant authorities. 10. Sentence plans should include a risk and needs assessment of each prisoner and be used to provide a systematic approach to: the initial allocation of the prisoner; progressive movement through the prison system from more to less restrictive conditions with, ideally, a final phase spent under open conditions, preferably in the community; participation in work, education, training and other activities that provide for a purposeful use of time spent in prison and increase the chances of a successful resettlement after release; interventions and participation in programmes designed to address risks and needs so as to reduce disruptive behaviour in prison and re-offending after release;

4 participation in leisure and other activities to prevent or counteract the damaging effects of long terms of imprisonment; conditions and supervision measures conducive to a law-abiding life and adjustment in the community after conditional release. 11. Sentence planning should start as early as possible following entry into prison, be reviewed at regular intervals and modified as necessary. Risk and needs assessments 12. A careful appraisal should be made by the prison administration to determine whether individual prisoners pose risks to themselves and others. The range of risks assessed should include harm to self, to other prisoners, to persons working in or visiting the prison, or to the community, and the likelihood of escape, or of committing another serious offence on prison leave or release. 13. Needs assessments should seek to identify the personal needs and characteristics associated with the prisoner's offence(s) and harmful behaviour ( criminogenic needs ). To the greatest extent possible, criminogenic needs should be addressed so as to reduce offences and harmful behaviour by prisoners both during detention and after release. 14. The initial risk and needs assessment should be conducted by appropriately trained staff and preferably take place in an assessment centre. 15. a. Use should be made of modern risk and needs assessment instruments as guides to decisions on the implementation of life and long-term sentences. b. Since risk and needs assessment instruments always contain a margin of error, they should never be the sole method used to inform decision-making but should be supplemented by other forms of assessment. c. All risk and needs assessment instruments should be evaluated so that their strengths and weaknesses become known. 16. Since neither dangerousness nor criminogenic needs are intrinsically stable characteristics, risk and needs assessments should be repeated at intervals by appropriately trained staff to meet the requirements of sentence planning or when otherwise necessary. 17. Risk and needs assessments should always be related to the management of risks and needs. These assessments should therefore inform the choice of appropriate interventions or modifications of those already in place. Security and safety in prison 18. a. The maintenance of control in prison should be based on the use of dynamic security, that is the development by staff of positive relationships with

5 prisoners based on firmness and fairness, in combination with an understanding of their personal situation and any risk posed by individual prisoners. b. Where technical devices, such as alarms and closed circuit television are used, these should always be an adjunct to dynamic security methods. c. Within the limits necessary for security, the routine carrying of weapons, including firearms and truncheons, by persons in contact with prisoners should be prohibited within the prison perimeter. 19. a. Prison regimes should be organised so as to allow for flexible reactions to changing security and safety requirements. b. Allocation to particular prisons or wings of prisons should be based on comprehensive risk and needs assessments and the importance of placing prisoners in environments that, by taking account of their needs, are likely to reduce any risk posed. c. Particular risks and exceptional circumstances, including requests by prisoners themselves, may necessitate some form of segregation of individual prisoners. Intensive efforts should be made to avoid segregation or, if it must be used, to reduce the period of its use. 20. a. Maximum security units should be used only as a last resort and allocation to such units should be regularly reviewed. b. Within maximum security units, regimes should distinguish between the handling of prisoners who pose an exceptional risk of escape or danger should they succeed, and the handling of those posing risks to other prisoners and/or to those working in or visiting the prison. c. With due regard to prisoner behaviour and security requirements, regimes in maximum security units should aim to have a relaxed atmosphere, allow association between prisoners, freedom of movement within the unit and offer a range of activities. d. The management of dangerous prisoners should be guided by the principles embodied in Recommendation No. R (82) 17 concerning custody and treatment of dangerous prisoners. Counteracting the damaging effects of life and other long-term sentences 21. In order to prevent and counteract the damaging effects of life and longterm sentences, prison administrations should seek: to ensure that opportunities are provided at the start of the sentence, and later as necessary, to explain to prisoners the prison rules and routine and their duties and rights;

6 to provide prisoners with opportunities to make personal choices in as many of the affairs of daily prison life as possible; to offer adequate material conditions and opportunities for physical, intellectual and emotional stimulation; to develop a pleasant and user-friendly design of prison premises, furniture and decoration. 22. Special efforts should be made to prevent the breakdown of family ties. To this end: prisoners should be allocated, to the greatest extent possible, to prisons situated in proximity to their families or close relatives; letters, telephone calls and visits should be allowed with the maximum possible frequency and privacy. If such provision endangers safety or security, or if justified by risk assessment, these contacts may be accompanied by reasonable security measures, such as monitoring of correspondence and searches before and after visits. 23. a. Other contacts with the external world such as access to newspapers, radio and television and external visitors should also be fostered. b. Particular efforts should be made to allow for the granting of various forms of prison leave, if necessary under escort, taking into account the principles set out in Recommendation No. R (82) 16 on prison leave. 24. Prisoners should have access to appropriate counselling, help and support in order: to come to terms with their offences, the harm done to victims and any associated guilt feelings; to reduce the risk of suicide, particularly directly after conviction; to counteract damaging effects of long-term detention, such as institutionalisation, passivity, lowered self-esteem and depression. Special categories of life sentence and other long-term prisoners 25. Prison authorities should be mindful of the possibilities of repatriation for foreign prisoners as afforded by the European Convention on the Transfer of Sentenced Persons or bilateral arrangements with the relevant country. Foreign prisoners should be informed of these possibilities. Where repatriation is not possible, prison management and practice should be guided by the principles of Recommendation No. R (84) 12 concerning foreign prisoners. 26. Efforts should be made to protect vulnerable prisoners from threats and maltreatment by other prisoners. If protective segregation from other prisoners is necessary, complete isolation should be avoided and a safe and supportive environment provided. 27. Action should be taken to allow for an early and specialist diagnosis of prisoners who are, or who become, mentally disturbed and to provide them

7 with adequate treatment. The guidance given in Recommendation No. R (98) 7 concerning the ethical and organisational aspects of health care in prison should be followed. 28. Elderly prisoners should be assisted to maintain good standards of physical and mental health. To this end, the prison administration should provide: access to appropriate diagnostic and remedial services; opportunities for work, exercise and other activities that are suited to the individual prisoner's physical and mental capacities; dietetically appropriate meals, taking into account special dietary needs. 29. a. In order to allow terminally ill prisoners to die with dignity, consideration should be given to releasing them so that they may be cared for and die outside prison. In each case, the prison administration should make every effort to provide these prisoners and their families with appropriate support and care. b. Appropriate help should also be given to assist these prisoners with any desired practical arrangements, for example, the making of a will, burial arrangements, etc. 30. a. Since women prisoners usually constitute a small minority of those serving long or life sentences, their individual sentence planning should be carefully considered so as to meet their specific needs. b. Particular efforts for women prisoners should be made to: avoid social isolation by merging them as far as possible with the general population of women prisoners; give access to special services for women prisoners who have been subject to physical, mental and sexual abuse. c. Mothers serving life or other long sentences should not be denied the opportunity of having their young children with them solely because of their sentence. Where young children remain with their mother, the prison administration should provide appropriate conditions. 31. Special management care and attention should be given to the particular problems posed by prisoners who are likely to spend their natural life in prison. In particular, their sentence planning should be sufficiently dynamic and allow them to benefit from participation in meaningful activities and adequate programmes including interventions and psychosocial services designed to help them cope with their sentence. 32. a. Juvenile prisoners with long sentences of imprisonment should only be held in institutions or units designed for their special needs.

8 b. Regimes and sentence planning for these juveniles should be guided by the relevant principles set out in the United Nations Convention on the Rights of the Child and in Recommendation No. R (87) 20 on social reactions to juvenile delinquency, and pay particular attention to: the provision of adequate education and schooling; the need to maintain close contacts with their parents and family; the provision of adequate support and guidance in their emotional development; the availability of appropriate sport and leisure activities; the careful planning of the transition of a juvenile to an adult regime taking due account of the juvenile's personal development. Managing reintegration into society for life sentence and other long-term prisoners 33. In order to enable life sentence and other long-term prisoners to overcome the particular problem of moving from lengthy incarceration to a law-abiding life in the community, their release should be prepared well in advance and take particular account of the following: the need for specific pre-release and post-release plans which address relevant risks and needs; due consideration of the possibility of achieving release and the continuation post-release of any programmes, interventions or treatment undertaken by prisoners during detention; the need to achieve close collaboration between the prison administration and post-release supervising authorities, social and medical services. 34. The granting and implementation of conditional release for life sentence and other long-term prisoners should be guided by the principles set out in Recommendation Rec(2003)22 on conditional release. Recalled prisoners 35. If, following revocation of conditional release, a life sentence or long-term prisoner is returned to prison, the principles enumerated in the foregoing should continue to be followed. In particular, a further assessment of risk and criminogenic needs should be undertaken and used for choosing a suitable allocation and further interventions, with the aim of preparing the prisoner for early reconsideration for release and resettlement in the community. Staff 36. In general, the recruitment, selection, training, conditions of work and mobility, as well as the professional conduct of staff dealing with life sentence and other long-term prisoners, should be guided by the principles contained in Recommendation No. R (97) 12 on staff concerned with the implementation of sanctions and measures.

9 37. a. Since staff working with life sentence and long-term prisoners need to deal with the specific difficulties posed by these prisoners, they should be given the special training necessary for their duties. b. Staff should, in particular, be trained to have a full understanding of dynamic security so that they can use this approach to security in the performance of their duties. c. Senior, specialist and supervisory staff should, in addition, be trained to supervise and support the basic grade staff in the use of dynamic security. 38. Given the increased risk of manipulation of staff by prisoners serving long sentences, mobility and rotation of staff should be encouraged. 39. Regular meetings and discussions should be arranged between the different staff categories in order to achieve and maintain a proper balance between a sympathetic understanding of prisoner problems and firmness of control. Research 40. Research on the effects of life and long sentences should be undertaken with special reference to the part played by factors that inhibit deleterious effects and promote a constructive adaptation to prison life. 41. Evaluative research should be conducted and published on the effectiveness of programmes designed to improve post-release adjustment in the community.

National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare CHAPTER 3: SOCIAL SERVICES IN PRISONS INTRODUCTION 34.Social work in prisons is part of the provision

Offenders and their families - making a difference CRISIS CARE COMMITMENT Red Cross is committed to an inclusive society where all people are valued, their differences are respected and their basic needs

FACT SHEET: A summary of the rights under the Convention on the Rights of the Child Article 1 (Definition of the child): The Convention defines a 'child' as a person below the age of 18, unless the laws

COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at

EUROPEAN UNION COMMON POSITION ON UNGASS 2016 UNGASS 2016 is a key opportunity for the international community to take stock of the achievements of the international drug control system to date, to elaborate

The Danish Prison and Probation Service in brief Mission and tasks The mission of the Prison and Probation Service is to contribute to reducing criminality. This mission is shared by the police, the prosecution

Department of Early Education and Care Technical Assistance Child Guidance Ask anyone and they will tell you that helping children develop self-control is an enormous challenge and responsibility. Effective

Committee against Torture Forty-fifth session 1-19 November 2010 List of issues prior to the submission of the second periodic report of Qatar (CAT/C/QAT/2) 1 ADVANCE UNEDITED VERSION Specific information

ABOUT THE COMMUNITY PAYBACK ORDER Introduction 1. The Criminal Justice and Licensing (Scotland) Act 2010 (the 2010 Act) is the largest piece of legislation introduced into the Scottish Parliament by the

CHAPTER 6 CORRECTIONAL SERVICE I. INTRODUCTION The administration of penal institutions and the treatment of inmates are regulated by such basic laws and regulations as the Act on Penal Detention Facilities

This little book contains a sum mary of the United Nations Convention on the Rights of the Child. A convention is an agreement between countries to obey the same law. The United Kingdom of Great Britain

HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in

House Proposal of Amendment S. 292 An act relating to term probation, the right to bail, medical care of inmates, and a reduction in the number of nonviolent prisoners, probationers, and detainees. The

The codification of criminal law and current questions of prison matters Kondorosi Ferenc Under Secretary of State Ministry of Justice Hungary Criminal law is the branch of law, in which society s expectations

COUNCIL OF EUROPE COMMITTEE OF MINISTERS RECOMMENDATION No. R (98) 7 1 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING THE ETHICAL AND ORGANISATIONAL ASPECTS OF HEALTH CARE IN PRISON (Adopted

: Public Protection and Regimes Version P3.1 Specification for : Public Protection and Regimes Specification Document This document defines the service, including the required outcome(s) and outputs. As

Namibian HIV-AIDS Charter of Rights 1 NAMIBIAN HIV/AIDS CHARTER OF RIGHTS Preamble Recognising that people living with HIV/AIDS continue to face discrimination and prejudice which preclude them from access

1 What Should be Done to Youth Offenders? While the main purpose of the adult criminal justice system is to punish the criminal according to the level of his or crime, the aim of the juvenile justice system

The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public

MODEL CHURCH POLICIES Model Church Policies Policy for the Methodist Church 2010 Approved by the Methodist Conference 2010 The Methodist Church, Methodist Church House, 25 Marylebone Road, London NW1 5JR

Alcohol and drug addiction among prisoners Włodzimierz Wróbel Professor of Criminal Law Jagiellonian University Krakow, Poland Introduction The assertion that alcohol and drug addiction is one of the most

Promote participation in agreed therapeutic group activities Overview This standard identifies the requirements when you promote participation in agreed therapeutic group activities. This includes planning

The Second Chance Act Frequently Asked Questions What does the Second Chance Act do? The Second Chance Act primarily authorizes federal funding for state and federal reentry programs. It also directs but

Safer Streets Crime Action Plan Youth Justice Have Your Say 1 Foreword Through its Safer Streets Crime Action Plan, the Newman Government made a commitment to crack down on crime. As part of this plan,

SPECIAL OPTIONS SERVICES PROGRAM UNITED STATES PRETRIAL SERVICES AGENCY EASTERN DISTRICT OF NEW YORK February 4, 2013 1 I. Introduction The Special Options Services (SOS) Program was established in the

An international perspective of how other countries prepare their prisoners for release Nikhil Roy, Penal Reform International The penitentiary system shall comprise treatment of prisoners the essential

Parole Board of Canada: Contributing to Public Safety Produced and published by: For additional copies of this publication, contact: Communications Division 410 Laurier Avenue West Ottawa, ON K1A 0R1 Electronic

3.7.2009 Official Journal of the European Union C 151/1 I (Resolutions, recommendations and opinions) RECOMMENDATIONS COUNCIL COUNCIL RECOMMENDATION of 9 June 2009 on patient safety, including the prevention

Safeguarding Children Policy (Early Years Child Protection) All parents and carers are asked to read this document carefully prior to a child being placed The purpose of this is to keep each child safe

ANTI- VICTIMIZATION PROGRAM The District shall provide child abuse anti-victimization programs in elementary and secondary schools. Education Code 38.004 DUTY TO REPORT BY ANY PERSON Any person who has

ROLE OF HEALTH SERVICES STAFF IN SCHOOLS MARYLAND STATE SCHOOL HEALTH SERVICES GUIDELINE JANUARY 2006 Maryland State Department of Education Maryland Department of Health and Student Services and Alternative

Management Information Lead Officer Name: Paul Woolrich Designation: Service Improvement Manager Tel: 58462 (0131 553 8462) Lead Service Area Support to Children & Young People Last Review Date December

DIRECTORATE People and Communities JOB TITLE Consultant Social Work Practitioner Job Description BRANCH Integrated Services GRADE JM2 SECTION Community Family Service Main Purpose of the Job To operate

Service Specification for Services In Custody Service Specification Document This document defines the service, including the required outcome(s) and outputs. As part of an SLA or Contract, the national

PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT Haleem Mohamed* I. INTRODUCTION The Maldives legal system is based on the principles of shariah and other legislation,

Your guide to obtaining consent for someone appearing in a photograph or video that will be used to publicise Barnardo s. Policy statement It is Barnardo s policy that where we are planning to use an image

Sentencing for Impaired Driving 1. Sentencing on Impaired Driving Causing Death or Bodily Harm Introduction The principles governing Canadian sentencing law are convoluted. It is often difficult to understand

UNITED NATIONS NATIONS UNIES GUIDANCE NOTE OF THE SECRETARY GENERAL UN Approach to Justice for Children SEPTEMBER 2008 U N I T E D N A T I O N S N A T I O N S U N I E S GUIDANCE NOTE OF THE SECRETARY-GENERAL

Turkish Juvenile Justice System Dr. Gonca Gülfem BOZDAĞ Ministry of Justice Head of Department, DG for International Law and Foreign Relations gonca.gulfem.yilmaz@adalet.gov.tr Presentation Outline 1/2

Queensland PRISONERS INTERNATIONAL TRANSFER (QUEENSLAND) ACT 1997 Reprinted as in force on 1 April 1999 (Act not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland

PRI Toolkit for Interviewing Children, their Guardians, and Staff of Juvenile Detention Facilities November 2011 Background...2 Interviews with Staff...4 Interviews with a parent, guardian or other relative...4

Breaking the silence united against domestic violence 29 th Council of Europe Conference of Ministers of Justice Report from Portugal Domestic violence is neither a recent phenomenon nor a problem pertaining

Security Classification Using the Custody Rating Scale Brian A. Grant and Fred Luciani Research Branch Correctional Service of Canada February, 1998 This report is part of a series of 24 research/evaluation

Family Guide: Children s Mental Health Services Texas Resilience and Recovery This Family Guide to Children s Mental Health Services was created to help you navigate the Children s Mental Health System

Department of Families, Housing, Community Services and Indigenous Affairs together with the National Framework Implementation Working Group An outline of National Standards for Out of home Care A Priority

Policy Perspective Treatment and Recovery for Individuals and Families Experiencing Addiction January 11, 2016 Addiction and Recovery in the 2016 political arena The issue of addiction has been addressed

Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World We, the States Members of the United Nations,

THE REPUBLIC OF CROATIA THE OFFICE OF THE STATE ATTORNEY GENERAL OF THE REPUBLIC OF CROATIA No: A-14/10 Zagreb, 11th January 2010 MK/SP SUBJECT: Questionnaire on principles of public prosecution as regards

Corporal punishment of children in Mozambique Report prepared by the Global Initiative to End All Corporal Punishment of Children (www.endcorporalpunishment.org), last updated July 2016 Child population

SUMMARY INFORMATION ON PROBATION IN ENGLAND AND WALES General Information Number of inhabitants: 54.98 million at December 2009. 1 Prison population rate per 100,000 inhabitants: 153. Link to Probation

OXFORD CITY COUNCIL HOUSING SERVICES DOMESTIC VIOLENCE POLICY If you need a larger print copy, audiotape or other means to have a copy of this publication, please contact the number below Translation available

Universal Declaration on Bioethics and Human Rights Adopted by the UNESCO General Conference, 19 October 2005 The General Conference, Conscious of the unique capacity of human beings to reflect upon their

FREQUENTLY ASKED QUESTIONS ABOUT FEDERAL HALFWAY HOUSES & HOME CONFINEMENT Q-1: What is a halfway house? A: A halfway house is a residence located in the community where people are placed to either (1)

Non-exhaustive list of issues and questions to facilitate preparations for the bilateral meeting with Turkey in the area of Chapter 24 Justice, freedom and security Migration/ Asylum - Which are currently